Criminal Defense

Assault & Battery

Assault and battery are distinct crimes in California.

Assault, under Penal Code 240, involves an unlawful attempt to commit a violent injury without necessarily making physical contact. Actions like throwing an object threateningly can be charged as assault. More serious cases, such as using a deadly weapon, may lead to felony charges, carrying penalties of 2-4 years, or up to 12 years for severe cases like assault with a machine gun.

Battery, defined under Penal Code 242, involves willful use of force on another person, even without causing pain. It is usually a misdemeanor, punishable by up to 6 months in jail and a $1,000 fine. Severe cases causing serious bodily injury can lead to felony charges, with penalties ranging from 2-4 years, plus potential enhancements adding 3-6 years. If charged with assault or battery, contact Knight Law at 408-877-6177 for a free consultation.

Burglary & Theft

Burglary

In California, burglary involves entering a building, structure, or vehicle intending to commit theft or a felony. It can be classified as first-degree (residential) or second-degree (commercial) burglary. First-degree burglary is a felony with a penalty of 2, 4, or 6 years in prison. Second-degree burglary can be a misdemeanor or felony, carrying up to 3 years in jail if charged as a felony. Burglary is complete upon entry, regardless of whether the crime is completed inside.

Theft

Theft involves taking someone’s property with the intent to permanently deprive them. Petty theft (under $950 value) is a misdemeanor, while grand theft (over $950) can be a misdemeanor or felony, with penalties up to 3 years in jail. Defenses include lack of intent, mistaken identity, consent, and insufficient evidence.

If you have been charged with theft or burglary, it is critical to work with an attorney who has experience in defending against these types of charges. Call Knight Law now at 408-877-6177 for a free case evaluation. We will help you discuss your options and customize a defense strategy. Depending on your case, we may be able to obtain a pretrial diversion, or an alternative to prosecution.

Civil Restraining Orders

A civil restraining order in California is a court order that is designed to protect you from harassment, violence, or threats from another individual. There are various types, including domestic violence, civil harassment, workplace violence, elder abuse, and gun violence restraining orders. To obtain one, the petitioner must file a request with the court, detailing the abuse or threats. If the court finds sufficient evidence, a temporary restraining order may be issued, followed by a hearing for a possible permanent order. Violating a restraining order can result in criminal charges, fines, or jail time. For assistance, contact Knight Law at 408-877-6177 for a free evaluation and expert legal guidance.

Domestic Violence

Facing domestic violence charges in San Jose can severely impact your career and future. Knight Law, led by former prosecutor Nana Knight, offers a strategic defense to protect your rights. With deep knowledge of California’s Penal Code 273.5 and extensive experience in domestic violence cases, we challenge evidence, negotiate outcomes, and work to preserve your livelihood. Don’t let these charges define your future. Call Knight Law for a free case evaluation and fight for a fair resolution.

Driving Under The Influence of Alcohol or Drugs (DUI) Defense

In San Jose, a DUI charge can have severe consequences, especially for professionals in Silicon Valley. California law prohibits driving with a BAC of 0.08% or higher or under the influence of alcohol or drugs. DUI penalties include fines, license suspension, jail time, and increased insurance premiums. For professionals like IT specialists, doctors, and engineers, a conviction may also lead to the loss of professional licenses or employment. Defending against a DUI requires challenging the evidence and procedures used in the case. Nana Knight, a former prosecutor, provides expert DUI defense tailored to protect your future. Call (408) 877-6177 for a free case evaluation.

Drug Offenses

In California, drug offenses are charged under the Health and Safety Code and include possession, sale, distribution, trafficking, and driving under the influence of drugs. Common charges involve possession of controlled substances (e.g., cocaine, heroin, methamphetamine), possession for sale, drug manufacturing, and drug paraphernalia possession. If drugs are found alongside an operable firearm, additional severe charges may apply, carrying up to 4 years in prison.

Defense strategies against drug charges may include challenging illegal search and seizure, arguing lack of possession, lack of knowledge or intent, entrapment, and insufficient evidence. If charged, contact Knight Law at 408-877-6177 for a free consultation. Nana Knight will review your case and develop a tailored defense strategy.

Expungements

Expungement under Penal Code 1203.4 is a powerful tool to dismiss past criminal convictions and open doors to better job and housing opportunities. Whether it’s a misdemeanor or a felony reduced to a misdemeanor, clearing your record can help you legally say “no” to conviction questions from employers. While certain serious crimes are ineligible, most convictions can be updated to show dismissal, freeing you from many penalties. Ready to clear your record and move forward? Contact Nana Knight at Knight Law today for a free consultation. Call 408-877-6177 and take control of your future now!

Fraud

Fraud in California is a serious crime, often charged under multiple Penal Code sections, including identity theft, credit card fraud, insurance fraud, and real estate fraud. Common charges involve theft (Penal Code 484), grand theft (Penal Code 487), false pretenses (Penal Code 532), health care fraud (Penal Code 550), and financial fraud (Penal Code 532a). Penalties vary, with felony convictions leading to prison terms up to 5 years and fines up to $50,000.

Defenses against fraud charges include lack of intent, lack of knowledge, mistaken identity, duress, and insufficient evidence. Fraud crimes involve moral turpitude, affecting immigration status and professional licenses. For tailored defense, contact Nana Knight at Knight Law, 408-877-6177, for a free consultation.

Gang Crimes

The STEP Act, enacted in California in 1988, targets gang-related crimes, imposing additional penalties for felonies committed to benefit a street gang. However, in 2022, Assembly Bill (AB) 333 revised gang laws, requiring stronger proof of organized gang activity and collective criminal engagement due to the laws’ disproportionate impact on communities of color.

Common charges include active gang participation (Penal Code 186.22(a)), gang enhancements (Penal Code 186.22(b)), and conspiracy for gang benefit (Penal Code 182.5). To prove gang charges, the prosecution must show gang affiliation, criminal intent, and corroborating evidence like tattoos or social media posts.

Defense strategies include disputing gang affiliation, lack of involvement, insufficient evidence, and constitutional violations. It’s vital to have an experienced attorney to navigate these complex cases. Contact Nana Knight at Knight Law, 408-877-6177, for a free evaluation and tailored defense strategy to protect your rights.

Gun Violence Restraining Orders (GVROs)

A Gun Violence Restraining Order (GVRO) in California temporarily removes a person’s right to own or possess firearms if they are deemed a threat to themselves or others. Family members, law enforcement, or concerned individuals can petition for a GVRO, aiming to prevent potential gun violence. If granted, the individual must surrender their firearms and cannot purchase or possess them for a specified period. Legal representation is critical, as navigating GVRO proceedings can be complex. Nana Knight at Knight Law has extensive experience handling GVRO cases in San Jose. For a free consultation, call 408-877-6177.

Homicide/Murder

Murder is the most serious charge in California, carrying a potential life sentence. Homicide laws define murder as the unlawful killing of a human with malice aforethought, divided into first-degree (premeditated, deliberate killings) and second-degree (without premeditation). First-degree murder, including felony murder during crimes like robbery, can lead to 25 years to life or even the death penalty. Second-degree murder carries 15 years to life. Manslaughter is a less severe charge, including voluntary (heat of passion) and involuntary (criminal negligence) manslaughter, punishable by up to 11 years. Vehicular manslaughter charges may apply in fatal car accidents involving negligence.

Defenses include self-defense, alibi, mistaken identification, accident, and illegal search and seizure. Hiring a skilled attorney is crucial. Nana Knight at Knight Law is a former prosecutor with extensive experience in murder cases. Contact Knight Law at 408-877-6177 for immediate, expert legal representation in the San Jose area. Every moment counts when facing a murder charge.

Misdemeanors

Misdemeanors are less severe than felonies in California, with penalties of up to 1 year in county jail and fines up to $1,000. Common misdemeanors include petty theft, DUI, vandalism, trespassing, and resisting arrest. Unlike felonies, misdemeanors do not lead to state prison time, and certain rights may be restored after completing the sentence.

“Wobblers” are offenses that can be charged as either a misdemeanor or a felony, depending on case details like prior records or the severity of the crime. A “17(b)” motion may reduce a felony wobbler to a misdemeanor. Misdemeanor cases typically involve arraignment, pretrial hearings, and potential plea bargains, often avoiding trial. Skilled legal representation is essential to navigate this process and negotiate the best possible outcome.

Contact Nana Knight at Knight Law for expert defense and a free evaluation of your misdemeanor case at 408-877-6177.

Representation During Investigations

If you are a suspect in a criminal investigation, call Attorney Nana Knight immediately at (408) 877-6177.

In California, if you are under investigation by a law enforcement agency, anything you say can and will be used against you. Even if you think your statements are harmless, you may find yourself unwittingly providing incriminating statements to law enforcement. The law enforcement officers investigating you may use your statements to build a case against you. That is why it is critical that you speak with an attorney before you give any statements to the police, even if you think you are providing your “side of the story.” Contact Knight Law without delay at 408-877-6177. Your future may depend on this investigation.

What Will Happen If I Am Being Investigated?

When you are under investigation, you don’t necessarily know what evidence the investigators have against you or what they are looking for. You are likely at a disadvantage. Some people think they can talk their way out of a criminal investigation, but talking to law enforcement should happen only after you have had a chance to consult with an attorney. Lying to police is definitely a mistake and will make your situation worse. The best strategy is to exercise your constitutional right to remain silent and request to speak with an attorney. If this is you, contact Attorney Nana Knight at Knight Law right away at 408-877-6177.

Keep in mind that the law enforcement agency investigates the case and sends it to the prosecutor’s office to request the filing of charges. The assigned deputy district attorney will review the case, and determine if additional investigation is necessary. If the case proceeds to trial, the deputy district attorney will be required to prove the charges against you “beyond a reasonable doubt.”

It is important to remember that police officers and detectives are trained to obtain statements from suspects and cooperating with them or giving them your “side of the story” will not necessarily “get you off the hook.” By answering questions and volunteering statements during a police investigation, you are not only waiving your Fifth Amendment right to remain silent and be represented by an attorney, but you are potentially also making it easier for the charges to be filed and for the prosecution to prove its case against you. Without your statement or cooperation, it is possible the police may not have a case against you.

How Do I Choose the Right Attorney If I Am Being Investigated?

If you are being investigated or have been arrested and have been charged with a crime, you need to be informed and get experienced and aggressive representation immediately.

To increase your chances of prevailing and to best protect your rights, hire a defense attorney with extensive experience in representing individuals at all stages of a criminal investigation. A defense attorney who was a former prosecutor knows how the system works on the other side and can effectively protect your rights and advocate for your interests. A skilled, experienced, and responsive attorney will take immediate action to protect you by discussing the situation with you and going over all your options. Your attorney will likely advise not to volunteer information to law enforcement.
Call Knight Law now for a free strategy session on how to proceed.

• We will assess your situation and determine if it is a good idea for you to talk to law enforcement. We can start immediately preparing a defense to the potential charges and in some cases, even begin a dialogue with the investigator or the District Attorney’s Office in an attempt to settle the matter before it goes to court.
• We will inform law enforcement that you are represented by counsel, and that all communications with you must go through us to get to you. We can begin our own investigation by collecting documents and interviewing witnesses during the same time you are being investigated. We may provide the evidence we collect in our defense investigation and attempt to preempt any criminal charges against you.
• We may also negotiate with law enforcement for you to surrender yourself for the booking process, rather than face a public arrest or an arrest at a highly inconvenient time.
• We will assert all your rights Constitutional rights on your behalf including your 4th Amendment right to be free from unreasonable searches and seizures; your 5th Amendment right not to incriminate yourself (including your rights under Miranda), your 6th Amendment right to representation, confrontation, and speedy trial; and 8th Amendment right to bail.

The experienced San Jose & Bay Area criminal justice attorney Nana Knight at Knight Law can help protect your rights and intervene on your behalf before criminal charges are filed. As a former prosecutor, Nana Knight has significant experience working with law enforcement officers and overseeing criminal investigations. She is uniquely qualified to help you in your investigation because she knows the strategies and tactics that law enforcement uses to build a criminal case. Call Knight Law at (408) 877-6177 for a free case evaluation and get specific advice about your investigation.

Robbery

Under Penal Code 211, robbery in California is defined as the taking of another person’s property through force or fear. It’s considered a violent felony. An example would be forcefully snatching a purse against someone’s will. Second-degree robbery carries 2, 3, or 5 years in state prison, fines up to $10,000, and possible felony probation.

Defenses against robbery charges include lack of intent, alibi, duress, insufficient evidence, and violations of your legal rights during the investigation. An experienced attorney can evaluate the evidence, negotiate a plea deal, or prepare for trial.

Nana Knight at Knight Law, a former prosecutor, offers skilled defense for robbery cases in San Jose. With insider knowledge of prosecution tactics, she customizes effective strategies for each client. For a free case evaluation, contact Knight Law at 408-877-6177 to discuss your options and protect your rights.

Sexual Assault and Rape

Sexual assault charges in California include a range of offenses under the Penal Code, depending on factors like the victim’s age, use of force, and the defendant’s criminal history. Common charges include:

1. Penal Code 261 (Rape): Non-consensual sexual intercourse through force, threats, or when the victim is incapacitated.
2. Penal Code 262 (Spousal Rape): Non-consensual intercourse with a spouse, involving force or fear, including when the victim is unconscious or intoxicated.
3. Penal Code 261.5 (Statutory Rape): Sexual intercourse with a minor (under 18), even if consensual.
4. Penal Code 288 (Lewd Acts with a Minor): Engaging in sexual acts with a minor under 14 for sexual gratification.
5. Penal Code 289 (Sexual Penetration): Non-consensual penetration with a foreign object.

Defending against these serious charges requires immediate legal action. Contact Nana Knight at Knight Law for expert representation. As a former military prosecutor, she specializes in sexual assault cases. Call 408-877-6177 for a free consultation.

Strike Offenses

California’s “Three Strikes Law” mandates a 25-years-to-life prison sentence for individuals convicted of three serious or violent felonies. Enacted in 1994, the law aims to deter repeat offenders but has faced criticism for harsh penalties, even in minor cases, contributing to prison overcrowding. The law doubles the sentence for “second strikers” with two prior serious or violent felonies.

Serious felonies include first-degree burglary, assault with a deadly weapon, and grand theft with a firearm. Violent felonies cover crimes like murder, rape, arson, and kidnapping. Any prior serious or violent felony can count as a strike for future offenses.

Defenses against strike offenses may involve reducing charges, appealing prior strikes, or filing a Romero motion to dismiss past strike convictions, arguing for leniency based on mitigating factors. Skilled legal representation is crucial. Contact Nana Knight at Knight Law for a free evaluation at (408) 877-6177 to discuss your options and defense strategy.

Victim & Witness Representation

Victims of Crime Often Need Representation

We often think of criminal defense representation to involve the representation of a defendant accused of a crime. However, there are members of our community who have been victimized by crime and victims and witnesses often need legal representation in court. Victims in an alleged crime in California have clearly defined rights, but many are unaware of this fact. This unawareness sometimes leads to violations of rights with negative consequences for victims of crime and their families. This is why victims of crime often benefit tremendously from the assistance of a victims’ rights attorney. It is important to note that when a crime is charged in criminal courts, prosecutors represent the People of the State of California and do not represent victims individually.

California law provides many rights to victims, including the notification of the proposed disposition in a criminal case, financial compensation from the offender or from the California Victim Compensation Board, and the right to be reasonably protected from the accused. There are situations where victims want to appear in court and either request that a criminal protective order be issued for their protection or to request modifications to the protective order. There are times where a victim may want to request a domestic violence restraining order as protection from gun violence. Sometimes victims and their families receive notification about an inmate’s parole hearing and are given an opportunity to provide information about how they have been harmed and the impact that the crime has had on them. Victims of crime are entitled to receive restitution and financial compensation from different sources, such as the California Victim Compensation Board https://victims.ca.gov.

The Victim’s Bill of Rights (Marsy’s Law)

The Victim’s Bill of Rights also known as Marsy’s Law significantly expands the rights of victims in California. Under Marsy’s Law, the California Constitution article I, § 28, section (b) now provides victims of crime with the following rights:

• To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.
• To be reasonably protected from the defendant and persons acting on behalf of the defendant.
• To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.
• To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family, or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
• To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
• To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.
• To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.
• To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.
• To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.
• To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.
• To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.
• To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
• To restitution.
• It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.
• Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.
• All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.
• To the prompt return of property when no longer needed as evidence.
• To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.
• To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.
• To be informed of the rights enumerated in paragraphs (1) through (16).

Representation of Domestic Violence Victims

Domestic violence covers a vast range of conduct involving violence or threat of violence. Domestic violence laws cover individuals who are or have been in a dating relationship or marriage, including domestic partners, individuals who live or have lived together, or have a child together.

Domestic violence crimes are very common in California and many District Attorney’s Offices in California have specialized Domestic Violence teams with highly trained prosecutors committed to aggressively prosecuting domestic violence cases, even cases without victim participation and in instances involving a victim who has expressed a desire to “drop the charges.” If this is your situation or if you need advice on how to navigate a domestic violence case, it is critical that you contact a former prosecutor, Nana Knight at Knight Law, who served on the domestic violence team as a former deputy district attorney and has extensive experience handling hundreds of domestic violence cases. Nana Knight knows how domestic violence prosecutors prove their cases before juries and the tactics and strategies they use to get convictions. Nana Knight has worked with hundreds of domestic violence victims and know how to effectively represent the interests of victims of alleged domestic violence.

Attorney Nana Knight is a State Bar Certified Specialist in Criminal Law with extensive experience handling all types of domestic violence cases, including torture, attempted murder and mayhem. As a former domestic violence prosecutor, Nana Knight also published articles in this field, and has conducted numerous presentations on this topic. She has trained hundreds of attorneys in the field of domestic violence. Armed with expertise and experience on both sides as a former prosecutor and a criminal defense attorney, Nana Knight stands ready to provide you with a host of compassionate support, ranging from assistance with preparing to testify in court to obtaining an emergency or a criminal protective order or going over your options under California Code of Civil Procedure 1219.

Victims of domestic violence frequently seek an attorney to guide them through the criminal process and civil restraining order process. Victims have a voice in court and with expertly guided support of Attorney Nana Knight at Knight Law, we will ensure that your voice is heard, and your rights are protected.

Can I Refuse To Testify In A Domestic Violence Case?

As a victim, you may not want to speak in court and as a victim of domestic violence, you have certain protections under the California Code of Civil Procedure 1219(b), which states that “a court shall not imprison…the victim of sexual assault or domestic violence crime for contempt” if the victim refuses “to testify concerning that sexual assault or domestic violence crime.” In other types of cases other than domestic violence or sexual assault, a victim may be compelled to testify through valid subpoena and potentially be held in contempt of court for refusing to testify when they are on the stand. However, under Code of Civil Procedure 1219(b), a victim of domestic violence may elect not to testify and will not be jailed for the refusal.

With Knight Law by your side, we will discuss the unique circumstances of your case and your options and guide you to make the best decision you can about what is right for you. Call 408-877-6177 now for a free, confidential case evaluation and representation of your rights by San Jose domestic violence attorney Nana Knight.

I am a Victim: How Can I Get a Lawyer?

Simply call Knight Law at (408) 877-6177, a criminal defense firm established by a former prosecutor and criminal law specialist serving Santa Clara, San Mateo, Santa Cruz and the Greater Bay Area. At Knight Law, we are committed to protecting and promoting victims’ rights and we do that by ensuring you have access to adequate resources, including information to obtain financial compensation. When you work with Knight Law, you will get:

• A free consultation where we will discuss what happened, what the allegations are and your position. We will come up with a strategy to address your needs and your situation and ensure your rights are protected in the process.
• Help with communicating with law enforcement and the District Attorney’s Office
• Drafting and submitting a statement about the impact the crime has had on you and your family
• Obtaining emergency, protective or other restraining orders, including modification and withdrawal requests
• Victim and witness advocacy directly with the assigned prosecutor and protection from the defendant
• Getting compensation and restitution (includes monetary restitution for injuries, pain and suffering, medical bills, replacement of destroyed/damaged property)
• Advocating for and speaking on your behalf at all scheduled court proceedings/hearings
• Help with access to state and local resources concerning housing, CalWrap relocation, childcare, mental health, and other financial and healthcare services

If you have been a victim of a crime, chances are you have been affected both emotionally and physically. For many victims who are thrust into the criminal justice system it is difficult to navigate its complexities and figure out what is best for them.

Nana Knight is a former domestic violence prosecutor who has worked extensively with countless victims of domestic violence. At Knight Law we want to ensure you are not re-traumatized by the system. We want you to feel protected, accepted and valued. At Knight Law, we treat you like we would want to be treated. We will compassionately guide you through the criminal justice system and be with you every step of the way to make sure that your rights are protected, and your voice is heard. Call 408-877-6177 to speak with Nana Knight, a domestic violence attorney in San Jose and greater Bay Area.

Weapons Offenses

In California, weapons offenses include illegal possession, sale, or use of firearms and dangerous weapons. You must be at least 21 to buy a handgun and 18 for a shotgun or rifle, passing a background check through a licensed dealer. Certain individuals, such as felons, domestic violence offenders, and those addicted to narcotics, are barred from possessing firearms.

Common charges include carrying a concealed weapon without a permit, possession by a felon, illegal sale or distribution, and possessing firearms in restricted areas like schools. Penalties can be severe, including fines, probation, and prison time.

Defense strategies may involve challenging illegal searches, proving lack of knowledge, self-defense, procedural violations, or insufficient evidence. Legal justifications, such as having a valid permit, can also be effective.

For experienced representation, contact Nana Knight at Knight Law, a certified criminal law specialist and former prosecutor. Call 408-877-6177 for a free case evaluation and to discuss the best defense strategy for your weapons charges.

White-Collar Crimes

White-collar crimes involve the use of fraud or deceit to obtain an unlawful financial gain. White-collar crimes may involve corporate or financial crimes, including bank and check fraud, bankruptcy fraud, false statement crimes, embezzlement, healthcare and Medicare fraud, forgery, mortgage fraud, tax evasion, and money laundering. These types of crimes are usually prosecuted at the federal level in federal courts.

Nana Knight at Knight Law specializes in white-collar defense, using her experience as a former prosecutor to anticipate prosecutorial strategies and build a strong defense. For a free case evaluation, call Knight Law at 408-877-6177.